Constructive Dismissal Impact Employee Engagement Initiatives
Silent dismissal is a workplace practice that takes many forms. The basic concept is that an employer’s actions create intolerable working conditions that force an employee to resign and take legal action against their former employer for wrongful termination.
The legal definition of constructive dismissal is a fundamental breach of an implied term of trust and confidence in all contracts of employment, which states “an employer must not, without reasonable and proper cause, conduct himself in a manner calculated to destroy or seriously damage the relationship of trust and confidence which the employee owes to him”. This can include a range of actions from changing important job responsibilities to simply moving an employee’s workspace.
Unlike traditional terminations, where the reasons behind the change are clear, silent dismissals can be mystifying. This is especially true if the change is part of a larger restructuring process that appears to be about corporate development or other vague reasons, and the dismissed manager is left wondering what they did wrong, or what the consequences will be in terms of their career progression.
How Does Constructive Dismissal Impact Employee Engagement Initiatives?
Dismissed managers can be pushed out by symbolic mechanisms including lack of acknowledgment and feeling stigmatized, uncertainty about the reason for their dismissal, social and informational exclusion, and a feeling that they are not valued. As such, it is crucial to recognize the warning signs of these practices and to ensure that employees are receiving the support they need in order to thrive at work.
For employers, preventing the occurrence of constructive dismissal lawyer can be as simple as fostering a workplace culture that values open communication and fairness. Ensure that employees are given regular opportunities to express their concerns and have those concerns addressed, particularly during high-pressure times, to prevent misunderstandings from developing. This will also help to prevent situations from escalating to the point where they are deemed intolerable.
An additional method of reducing the risk of a constructive dismissal claim is to ensure that all changes are communicated and made clear to employees before they take effect. This includes providing a timeline for when the new policies will be in place, and clearly explaining any changes that could potentially impact an individual’s day-to-day responsibilities.
Lastly, it is essential to educate yourself and your team on employment laws so that you can safeguard your rights in the event of a wrongful termination. An experienced employment lawyer is the best resource to have on hand to navigate these tricky circumstances and make sure you receive all the benefits you deserve.
If you are a Toronto employee who feels that you have been the victim of a constructive dismissal, Achkar Law is here to assist. Contact us today for a consultation and we can walk you through your options to pursue damages. You can also read up on the various employment laws in Ontario to learn more about how to protect yourself from a potential case of wrongful dismissal.
